The South Carolina Department of Corrections (SCDOC) announced on Tuesday that it has procured a suitable drug for executions, signaling a move to resume the death penalty by lethal injection after a 12-year hiatus.
Before this development, the state had last executed a prisoner in May 2011, with subsequent executions halted due to pharmacies’ refusal to supply drugs required for executions. Since May, in search of a suitable substance, the state reached out to over 1,300 entities. The drug of choice, Pentobarbital, is administered as a single injection.
Under South Carolina law, a death-row inmate has the option to choose between electrocution, firing squad, or lethal injection for their execution. However, a lawsuit filed last year following a lower court judge’s ruling argued that execution by firing squad and electrocution violated the South Carolina Constitution. The oral arguments were presented before the South Carolina Supreme Court earlier this year.
The SCDOC, citing their recent procurement, asserts that the lawsuit should be dismissed as the plaintiffs initially sought respite from execution by electrocution and firing squad, and not lethal injection. Furthermore, it was argued that lethal injection, widely viewed as more humane than the previous two methods, would not cause a constitutionally-recognized injury, an argument now under dispute by some human rights organizations.
South Carolina Governor Henry McMaster voiced his approval of the latest development, stating that “Justice has been delayed for too long in South Carolina. This filing brings our state one step closer to being able to once again carry out the rule of law and bring grieving families and loved ones the closure they are rightfully owed.” His comments suggest that the state is committed to moving forward with the resumption of the death penalty by legal injection despite ongoing debates and legal hurdles.